LAWS(GJH)-2018-1-281

RAFIK AHEMAD PALIVALA Vs. STATE OF GUJARAT

Decided On January 24, 2018
Rafik Ahemad Palivala Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Challenge in the present petition preferred under Articles 21 and 226 of the Constitution of India is the show cause notice dated issued by the respondent - authority in show cause notice under Section 59 (1) of the Gujarat Police Act, 1951 (for short the Act).

(2.) Heard the submissions of learned advocates appearing for the petitioner and learned APP for the respondent State.

(3.) The petitioner challenged the impugned show cause notice on various grounds that show cause notice is issued without application of mind, wherein the externing authority has mentioned that the petitioner should be externed from districts of Ahmedabad City police commissioner, Ahmedabad Rural, Gandhinagar, Kheda and Mehsana. No reason has been given in the show cause notice why, externment from these districts was proposed when the activity of the petitioner was confined only to District of Ahmedabad.